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Kazakhstan

by Nigel / Posted 17/11/2008 / Updated 28/01/2014

I posted last year when my wife took my 3 month old son to Kazakhstan for 1 month. She cancelled the return flight and refused to tell me when she would return to the UK. 8 months later she returned with her mother and I was asked to leave the family house. I got a preventative steps order (although it cost me all my savings - 3000 GBPs). Now my wife´s lawyer has instructed me to give her my son´s passport because she wishes to go back to Kazakhstan for 6 weeks over Xmas and New Year (my wife feels lonely). Although the court order says I need to give up my son´s passport with 2 weeks of request, I have refused since I have no guarantee that they will return on time or at all. I know my wife hates the UK, and in this economic climate her job is not secure and Kazakhstan is not a signatory to the Hague convention. Do I have any rights as a father to say where my child can go especially with my wife´s previous history of witholding my child without my agreement.
Thank you for any help in advance

Responses

From Naeema / Posted: 17/11/2008
I am sorry to hear that Nigel that people play around with their childrens lives. I would try and get some steps now. If you have a prohibitive steps order she cant take your child out of the country without your consent. If she wants to take him she will have to take you to court and unfortunately you will have to pay for representation. But if you think she may resettle there then every penny is worth fighting for your child. You need to write to her solicitors and tell them that you will not surrender passport as previously she did not return as agreed and you would like to take matter to court as you don´t want to lose your child all the best.
From Nigel / Posted: 20/11/2008
Naeema - thank you for the comments. We are now taking each other to court next Wednesday. Wife to extend the time to take my son out of the country to 6 weeks and myself to stop them going to Kazakhstan. I feel I am too involved to have a guess at the outcome, but if I win the case, then the worst that can happen is my wife does not spend New year with her parents; whereas if I lose, then the worst that can happen is my son never returns. Oh well, I guess it depends on the judge on the day?
From naeema / Posted: 24/11/2008
I will be praying for you...just keep your cool and make sure you let the judge know how serious the risk is of x not bringing your child back..All the best Nigel
From Nigel / Posted: 28/11/2008
I lost the case. My son goes back to Kazakhstan tomorrow and they are supposed to return to the UK on the 3rd Jan. I do deep down think they will return, so I am luckily not in as bad a position of my fellow posters. The judge went on probability factor of the mother returning. All the best to everyone here and I hope you receive good news in the run up to Xmas. I am one of the luckier ones (but I can only say that in this current company)
From naeema / Posted: 02/12/2008
I hope they will return and just enjoy Xmas and be positive..
From bingo / Posted: 05/12/2008
I expected her to win. why parents fight over children especially when it is so obvious that even after the return the courts will grant the primary care giver permission to leave.. People think whos feelings are we hurting.. kids of course. I personally think kids will always know there parents whatever either parent tries to do.. they grow up so quick and ask questions??? think before you act..is it really worth the cost in courts, the heart ache to kids, the insecurity of chiildren and uncertainity?????
From Naeema / Posted: 12/01/2009
Hi Nigel,
I was thinking of you on my return from India and was praying that your son returns safely..I hope he is back and safe
From colin / Posted: 29/08/2009
I regret giving in to pressure at mediation , and listening to advice from profesionals and solicitors . it was a disaster to give even an inch.

|My wife forced me at "gunpoint" to consent to emigration back to Moscow ( also non-Hague) .The mediators and solicitors sdiover the course of the year that It was futile to oppose an attemptt by w9ife to emigrate .

the result was disaster , I gave my consent under duress ( I was black-mailed that this was the only way I would see my daughter again - as she was already out of the country . the wife then "emigrated " - and immediately did a dirty and returned to England to work . She left my daughter in Russia with no parent , and in poor emotional state

I have the problem now of dealing with an alien legal system in a foreign language , seemingly huge cultural difference and a Russian state generally hostile to the West . NEVER sign anything , FIGHT TO THE END or you may get double-crossed , like me
From lisa / Posted: 13/01/2010
Well that is just what i might do if my husband gets un supervised visits. It is ether he taking my son to Albania or me take him to Russia St. Petersburg and good luck to him. There is no way to stop my husband taking my son if he gets visits he can get British or Latvian or whatever fake passport in 24 hours at discount price
From Tova / Posted: 28/01/2014
Did she return your child, I hope so. My daughter has been taken in contempt of court to Indira early Dec days before her 5th birthday he doesn´t plan to return and will not let me talk to her:(

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